Claim Closed Today- Possible Rating

Claim Closed Today- Possible Rating

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May 30 12 5:24 PM

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Today my husband claim went from Pending Decision to Closed and AB8 has not changed. We spoke with my husband DAV rep and he states that the claim has been rated, however he did not know the rating, we called the 800 number and the rating is still the same- 60%, and we were also told by the 800 number that the letter has not printed. Nothing has changed in Ebenefits. My question is, is to too soon to ask, we are hoping for a positive outcome, the DAV rep sounded positive.

The claim is for left ankle strain- line of duty determination. These are the results of the comp and pen exam: Any idea of possible rating

Date of Diagnosis - 3/2012 -bi-lateral ankle strain

Right AnkleLocalized tenderness or pain (yes)Ankle Plantar Flexion Right and Left (5)Ankle Dorsiflexion Right and Left (5)Does veteran have assistive device (yes) CaneHas the imaging studies been performed (yes)

reka23 wrote:Today my husband claim went from Pending Decision to Closed and AB8 has not changed. We spoke with my husband DAV rep and he states that the claim has been rated, however he did not know the rating, we called the 800 number and the rating is still the same- 60%, and we were also told by the 800 number that the letter has not printed. Nothing has changed in Ebenefits. My question is, is to too soon to ask, we are hoping for a positive outcome, the DAV rep sounded positive.

The claim is for left ankle strain- line of duty determination. These are the results of the comp and pen exam: Any idea of possible rating

Date of Diagnosis - 3/2012 -bi-lateral ankle strain

Right AnkleLocalized tenderness or pain (yes)Ankle Plantar Flexion Right and Left (5)Ankle Dorsiflexion Right and Left (5)Does veteran have assistive device (yes) CaneHas the imaging studies been performed (yes)

They have their guidelines that all employees are supposed to abide by, so I wouldn't fault anyone for not releasing a rating over the phone especially if the risk is a reprimand. Is it possible that his original rating had to be rounded up to 60%, and an additional 10% (I'm guessing) wasn't enough to clear 70?

I also saw the rating for ankle, and I am not sure how to determine, which is for my husband. I was hoping that you would reply.

The rationale says: Vet does not have any numbness or swellling on today's exam. however I am not able to touch his feet or ankle he is hypersensitive. There is no medical literature that supports calluses 30 yars ago is casually related to the swelling and hypersensitivy of the entire bilater feet 30 years later. (I am not completely sure what examiner meant by this statement.)

The examiner is saying that he doesn't know of any reason for calluses to cause swelling or hypersensitivity. He also notes that no swelling or numbness was present at the day of the exam.

Some of your data from the exam might point to the ankylosis at 40%. However the examiner called it a bi-lateral ankle strain. That is more along the lines of limited motion. If I had to bet, I'd say limited motion. The fact that the AB8 hasn't changed could indicate a 0%. I wouldn't guess denial because your DAV rep said it had been rated.

Wish I had more to offer.

EDIT: Reka, the breadth and depth of the experience on these boards is remarkable. I always recommend posting for all to reply. However, if there is something specific you would like to ask me, then just send me a message. I'll do what I can to help.

The one postive thing is that my husband injured his ankle in the line of duty, and we had been waiting for the military to respond back,concerning line of duty determination for his left ankle, my husband fractured his ankle while carrying supplies down a flight of stairs, while in the military. The DAV rep said the claim was rated at 11:44 am this morning and it had to be sent back because of a minor error to be corrected. The 800 number informed us late this afternoon that, the notification letter had been corrected and the letter should show on the system tomorrow